Ohio Questions & Answers

Q: I sold a home via Land Contract. A promissory note and warranty deed were recorded at that time.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 16, 2017

Your obligations should be set forth in the land Installment Contract. In addition, the Ohio Revised Code Chapter 5313 contains mandatory provisions which must be required in the land installment contract. You should make certain that all insurance premiums are paid as well as all taxes are paid, and then return the balance of the funds expressly stating that the funds are being returned pursuant to the terms of the land installment plan.
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Q: If there is no establish custody can the father move out of state with the child? In the state of Ohio

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 15, 2017

If the parents were not married, and if no court has issued any custody order or parental rights for the father, then the mother is the sole legal custodian. In that case, the father has no parental rights to have the child at all. Mother could report the father to the police. If the mother and father are still married, then either can take the child, but the other could file in court, and the court might order the child to be returned.
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Q: My fiancé is trying for custody of his daughter the mother is an active drug addict and the grandmother has custody.

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 15, 2017

There is no way to predict. Your fiancé should use the Find a Lawyer tab to retain a local family law attorney in the location where the child lives. The attorney can review all the facts and advise him of the process. The court would decide what is in the best interest of the child based on all the facts and evidence presented to the court.
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Q: What to do if I am a father and I just found out about my kid and I want to establish my rights and have visitation?

1 Answer | Asked in Family Law for Ohio on
Answered on Dec 15, 2017

You must file in juvenile court to establish paternity and parental rights, and the court will likely order you to start paying child support. Use the Find a Lawyer tab and consult a local family law attorney to advise you.
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Q: Daughters minor boyfriend charged with dv. She's pregnant. What punishment could he get?

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Answered on Dec 15, 2017

Probation or jail. Talk to a prosecutor.
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Q: What will happen if you're 17 and runaway from home?

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Dec 15, 2017

A runaway and friends who help can both get in trouble. A runaway might be sent to juvenile detention. If there are troubles at home, talk to a school counselor, family member, or other trusted adult.
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Q: What options do I have

1 Answer | Asked in Family Law for Ohio on
Answered on Dec 15, 2017

Until a court grants you parental rights, the mother is the sole custodian and makes all decisions about the child and whether anyone gets to have contact with the child. You must file with the juvenile court to establish paternity and then seek parental rights. The court will determine if and to what extent you can have contact with the child, based on facts and testimony presented to the court, to determine what is in the child's best interest. Use the Find a Lawyer tab to retain a local...
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Q: Don't I have the legal right to know who owns the apartment complex where I live

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Dec 14, 2017

They don't have to tell you...but it is public record. You can look up the property owners down at the county office.
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Q: Does a beneficiary named in a will have a right to obtain a copy of the will from the executor. If so, how to proceed.

1 Answer | Asked in Probate for Ohio on
Answered on Dec 14, 2017

An executor can only be appointed by the probate court after the filing of the will with the probate court. The will then is a public record, and anyone can view it on the court web site or obtain a paper copy from the court.
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Q: What can happen to an 18 year old boy and a 14 year old girl exchanging nude pictures?

1 Answer | Asked in Juvenile Law and Criminal Law for Ohio on
Answered on Dec 14, 2017

The 18 year old boy could go to prison for child pornography.
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Q: If I file chapter 7 bankruptcy can they take my 1999 Mobil home

1 Answer | Asked in Bankruptcy for Ohio on
Answered on Dec 14, 2017

You are entitled to certain exemptions, so you may be able to keep it, but it depends what other assets you have.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: Divorce reads that each spouse keep property currently in their possession. Can I trash property spouse never came for?

1 Answer | Asked in Divorce for Ohio on
Answered on Dec 14, 2017

Based on that, you should be able to throw away, but take some steps to protect yourself first, especially if spouse is vindictive. Send ex a letter with proof of delivery, like Fed Ex, not text message, and keep a copy of the letter. Include a copy of the divorce that says you each keep what is in your possession. Specify a reasonable amount of time in the letter for ex to come pick it up, like 30 days, and say it will be discarded if not picked up. Take photos of the items as proof and...
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Q: Can I break my lease even though I haven’t moved in the apartment yet?

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Answered on Dec 14, 2017

If you break your lease, then the landlord can sue you. A court would decide if you have a valid basis. Even if landlord doesn't sue, you could lose your security deposit, and landlord can make an adverse entry on your credit record, lowering your credit score, and making it difficult to rent from a landlord who checks your credit. What you must pay at the start of the lease depends on what your lease says. Try to work it out with the landlord. Or use the Find a Lawyer tab and hire a local...
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Q: Do I need to give my ex wife a 30 day notice for out of state travel with our child?

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 13, 2017

Both of you must comply with the terms of the decree of divorce and any parenting agreements, including providing notice as required. Review those documents. If you have questions, speak with your attorney or use the Find a Lawyer tab to retain a local family law attorney to review your documents and advise you.
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Q: If a rent check doesn't cash at the bank, i.e. deposited, but doesn't bounce, who's responsible?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 13, 2017

If the bank didn't deduct the rent from your account, then there should be funds there to write landlord a new check. If landlord doesn't get the rent, then landlord could try to evict you for non-payment of rent. The court might say that the problem is with the landlord's bank and is landlord's problem, and refuse to evict you. But the court could say that you had an obligation to pay the rent when you found out the bank error, and the court could evict you. Try to work it out with...
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Q: 18 year old "impeding" investigation, still in high school and lives at home. Please read details

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Dec 13, 2017

(1) It is possible. Indeed, it already happened. An 18 year old is an adult as far as the law is concerned, and even with a child, police are permitted to investigate without a parent present. (2) The odds of conviction are unknowable at this point. All we have is your story, which is different than his story, which is different than her story, which is different than the story the police will tell, which is different than the story the mother will tell, which is different than the story the...
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Q: my friend is incarcerated his lawyer (paid) doesn't give him any info through mail or otherwise. What can he do?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Dec 13, 2017

It sounds like the lawyer is updating him, perhaps just not very well. Defense attorneys often drag cases out to let everyone cool off and to get to the point where the court and prosecutor, who have new cases coming in every day, simply want to get rid of the case. Your friend should request an in person meeting with his attorney to talk it over. If he still isn't satisfied, he should fire his attorney and get a new one.
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Q: This my frist time facing charges for dv will I be facing jail time?

1 Answer | Asked in Criminal Law for Ohio on
Answered on Dec 13, 2017

That depends heavily on the circumstances and the judge. There are a range of DV charges from a low level misdemeanor for threats up to felonies. The most common DV charge is an M1. It carries up to 180 days in jail, but there are no minimums and probation is a common result. You really ought to hire an attorney.
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Q: My grandfather and sister both co signed for a car in October that my sister husband has been driving and paying for.

1 Answer | Asked in Divorce for Ohio on
Answered on Dec 13, 2017

If the car is marital property and either has filed a divorce, then the ownership of the car cannot be changed without court approval. Your sister should use the Find a Lawyer tab to retain a local family law attorney.
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Q: Im 16.my mother has full custody but her husband and I don’t get along can i choose where to live without going to court

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 13, 2017

If there is a court order for custody, then one of your parents could file to change that. But Ohio does not permit emancipation. See this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
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